What Is the 31-Day Wait Before a Divorce Takes Effect in BC?
This answer covers the law of British Columbia.
Your divorce does not become final on the day the judge grants the order. Under the Divorce Act, it takes effect on the thirty-first day after the day the judgment is rendered. The BC government adds that the divorce becomes final automatically after 31 days if no appeal is filed, and you cannot remarry until that period has passed.
The gap leaves room for an appeal, which is why the rule is tied to one. The court may order the divorce to take effect sooner if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned. Both conditions matter, so a shorter wait is not automatic.
Once the divorce is in effect, it dissolves the marriage and has legal effect throughout Canada. To get a certificate of divorce, make sure 31 days have passed, then attend the Supreme Court registry where the divorce was filed or mail a request to that registry. The fee is $40 in person or $50 by mail. A certificate of divorce is conclusive proof of the facts certified. If your divorce was granted 10 or more years ago, you may need to get the order from BC Archives first.
Key takeaways
- Under the Divorce Act, a divorce takes effect on the thirty-first day after the day the judgment is rendered.
- You cannot remarry until the 31-day period has passed.
- The court may order an earlier effective date only if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned.
- You can request a certificate of divorce from the Supreme Court registry once 31 days have passed, and it is conclusive proof of the facts certified.